Section Env-C 204.11 - Hearings in Adjudicative Proceedings(a) Subject to (e), below, the participants in an adjudicative proceeding may request the presiding officer to allow a record hearing in lieu of an oral hearing. Such a request shall be made by a motion filed in accordance with Env-C 204.17 that includes a proposed schedule for submittal of written testimony, evidence, and arguments.(b) The presiding officer shall allow a record hearing in lieu of an oral hearing only if: (1) All participants agree to the record hearing and waive their right to cross-examine on all testimony and evidence presented;(2) Resolution of the matter will not hinge on the credibility of any witness; and(3) The presiding officer believes that the record hearing will allow a full and fair consideration of the issues in dispute.(c) If the participants agree to a record hearing, the presiding officer shall establish deadline(s) by which the participants must file their written testimony, evidence, and arguments and notify the participants of the deadline(s) in writing. Any requests for extension of the deadlines shall be filed and handled as specified in Env-C 204.21.(d) Any written testimony provided as part of a record hearing shall be made under oath or affirmation.(e) If the credibility of a witness is at issue in an adjudicative proceeding, the presiding officer shall conduct an oral hearing as required by Petition of Grimm, 138 N.H. 42 (1993).N.H. Code Admin. R. Env-C 204.11
#6960, eff 3-25-99; ss by #8851-A, eff 3-25-07